Oneida Business Committee (2024)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 249

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

September 4, 2024

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

III.

Current Business

1. Computer Resources Ordinance Amendments (pg. 2)

2. Oneida Law Enforcement Ordinance Amendments (pg. 18)

3. Oneida General Welfare Law Amendments (pg. 50)

4. Oneida Life Insurance Plan Law Amendments (pg. 52)

IV.

New Submissions

1. Workplace Violence Law Amendments (pg. 64)

2. Oneida General Welfare Law Amendments (pg. 65)

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the Canceled July 17, 2024 LOC Meeting Materials (pg. 67)

2. E-Poll Results: Approval of the Vehicle Driver Certification and Fleet Management Law

Amendments Public Comment Review Memo, Draft, and Fiscal Impact Statement Request

(pg. 147)

3. E-Poll Results: Approval of the Investigative Leave Policy Amendments Public Meeting

Packet (pg. 167)

4. E-Poll Results: Approval of the September 4, 2024 LOC Community Meeting (pg. 193)

5. E-Poll Results: Certification of the Landlord Tenant Law Rule No. 2 Amendments (pg. 196)

6. E-Poll Results: Statement of Effect for the Petition: L. Blackowl – New

Recreation/Community Center Build (pg. 237)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 249

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

September 4, 2024

Computer Resources

Ordinance Amendments

Submission Date: 5/15/24

LOC Sponsor: Jameson Wilson

Public Meeting: 8/21/24

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on May 15, 2024, at the request of Shane Hill

on behalf of DTS. DTS wants to amend the Computer Resources Ordinance to delegate DTS administrative

rulemaking authority so DTS can develop rules that support and enforce the Computer Resource

Ordinance.

5/15/24 LOC: Motion by Jonas Hill to add the Computer Resource Ordinances amendments to the Active

Files List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

5/31/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,

Jason Doxtator, Shane Hill, Jesse Kujawa, Maureen Perkins. The purpose of this work meeting

was to review the Computer Resources Ordinance and discuss potential amendments to be

made.

6/5/24 LOC:

Motion by Jonas Hill to approve the draft of the proposed amendments to the Computer

Resources Ordinance and direct that a legislative analysis be completed; seconded by Kirby

Metoxen. Motion carried unanimously.

6/19/24 LOC: Motion by Jennifer Webster to approve the legislative analysis of the proposed amendments

to the Computer Resources Ordinance; seconded by Jonas Hill. Motion carried unanimously.

7/1/24:

E-Poll Conducted. This e-poll was titled, Approval of the Computer Resources Ordinance

Amendments Public Meeting Packet. The requested action of this e-poll was to approve the

Computer Resources Ordinance amendments public meeting packet and forward the

Computer Resources Ordinance amendments to a public meeting to be held on August 21,

2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and Kirby

Metoxen. Marlon Skenandore is on a personal leave and therefore did not provide a response

to the e-poll.

7/17/24:

E-Poll Conducted. This e-poll was titled, Approval of the Canceled July 17, 2024 LOC

Meeting Materials. The requested action of this e-poll was to: approve the June 19, 2024

Legislative Operating Committee meeting minutes and forward to the Oneida Business

Committee; approve the adoption packet for the proposed amendments to the Back Pay law

and forward to the Oneida Business Committee for consideration; accept the legislative

analysis for the proposed amendments to the Investigative Leave Policy; accept the

memorandum from James Snitgen and remove the Environmental Review Law from the

Active Files List; add the Petition: L. Blackowl – New Recreation/Community Center Build

Page 1 of 2

A good mind. A good heart. A strong fire.

3 of 249

to the Active Files List with Jameson Wilson as the sponsor; accept the status update for the

Petition: L. Blackowl – New Recreation/Community Center Build and forward to the Oneida

Business Committee; enter into the record the results of the July 1, 2024 e-poll entitled,

Approval of the Computer Resources Ordinance Amendments Public Meeting Packet and

approve the Legislative Operating Committee Fiscal Year 2024 Third Quarter Report and

forward to the Oneida Business Committee. This e-poll was approved by Kirby Metoxen,

Jennifer Webster, Jonas Hill, and Jameson Wilson. Marlon Skenandore is on a personal leave

and therefore did not provide a response to the e-poll.

7/26/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,

Fawn Cottrell, Maureen Perkins, Carolyn Salutz, Grace Elliott, Jason Doxtator, Shane Hill,

Elvis Walkin, Jesse Kujawa. The purpose of this work meeting was to discuss the rulemaking

process as provided for in the Administrative Rulemaking law.

8/21/24:

Public Meeting Held. Present: Jameson Wilson, Clorissa Leeman, Grace Elliott, Michelle

Braaten, Sharon Mousseau, Jason Doxtator, Jesse Kujawa, Elvis Walkin, Todd Vanden

Heuvel, Josephine Skenandore. A public meeting for the proposed amendments to the

Computer Resources Ordinance was held at the Norbert Hill Center and on Microsoft Teams.

No individuals provided oral comments during the public meeting.

8/28/24:

Public Comment Period Closed. No individuals provided written comment during the public

comment period.

Next Steps:

 Approve the public comment review memorandum, draft, and legislative analysis for the

proposed amendments to the Computer Resources Ordinance.

 Approve the fiscal impact statement request memorandum and forward the materials to the

Finance Department directing that a fiscal impact statement be prepared and submitted to the

LOC by September 18, 2024.

A good mind. A good heart. A strong fire.

Page 2 of 2

ONEIDA

4 of 249

Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

=DODDOO

ONEIDA

Legislative Operating Committee (LOC)

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

September 4, 2024

Computer Resources Ordinance Amendments: Public Comment Review

On August 21, 2024, a public meeting was held regarding the proposed amendments to the

Computer Resources Ordinance. The public comment period was then held open until August 28,

2024. No public comments were received during the public meeting or the public comment period

on this legislative item. The public meeting draft and public meeting transcript are attached to this

memorandum for review.

Page 1 of 1

A good mind. A good heart. A strong fire.

5 of 249

Draft 1 (Redline to Current) – PM Draft

2024 08 21

Title 2. Employment – Chapter 215

COMPUTERTECHNOLOGY RESOURCES ORDINANCE

215.1

215.2

215.3

215.4

215.5

215.6

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Acceptable Use

Inappropriate Personal Use

Privacy

215.7

215.8

Limitations on Use

ComputerTechnology Resources Acknowledgment

Form

215.9

215.910

Administrative Rulemaking Authority

Violations

215.1 Purpose and Policy.

215.1-1. Purpose. The purpose of this policylaw is to regulate the usage of Triballytechnology

resources and processed data owned and operated computer resourcesby the Nation.

215.1-2. Policy. It is the policy of the TribeNation to provide its community and employees access

to the tools necessary to participate in a technological society. Allowing limited personal use of

these tools helps enhance the quality of the workplace and helps the TribeNation to retain highly

qualified and skilled workers and officials, as well as to develop the technological skills of the

community. Pursuant to this law, users are permitted limited use of Tribal computertechnology

resources of the Nation for personal needs if the use does not interfere with the authorized duties

of the user or official business of the TribeNation.

(a) This law does not create a right to use Tribal computertechnology resources of the

Nation for personal use.

(b) This law in no way limits use of computertechnology resources to fulfill authorized

duties.

215.2 Adoption, Amendment, Repeal.

215.2-1. This law was adopted by the Oneida Business Committee by resolution BC Resolution

#-0 9-29-04-B and effective immediately upon passage of thatamended by resolution. BC-__-____-__.

215.2-2. This law may be amended or repealed by the Oneida Business Committee in accordance

withor the Oneida legislative and administrativeGeneral Tribal Council pursuant to the procedures

set out in the Legislative Procedures Act.

215.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

215.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other

similar actions which are inconsistent with this law are hereby repealed unless specifically reenacted after adoption of this law. Specifically, the following resolution is repealed by this law:

BC-3-3-99-A (Adoption of Computer Resources Acceptable Use Policy).In the event of a conflict

between a provision of this law and a provision of another law, the provisions of this law shall

control.

215.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians of

WisconsinNation.

215.3 Definitions.

215.3-1. This section shall govern the definitions of words and phrases used within this law. All

2 O.C. 215 – Page 1

6 of 249

Draft 1 (Redline to Current) – PM Draft

2024 08 21

words not defined herein shall be used in their ordinary and everyday sense.

(a) Computer Resources means Tribally owned personal computers, networks, and

software, including Internet connectivity and access to internet services and electronic-mail

(e-mail). Limitations and monitoring of computer resources may also include, peripheral

equipment, such as personal digital assistants (PDAs), telephones, facsimile machines, and

photocopiers, only to the extent that the peripheral equipment is used in conjunction with

Tribal personal computers and software.

(b) Employee means an individual employed by the Oneida Tribe of Indians of Wisconsin.

(a) “Employee” means any individual who is employed by the Nation but does not include

elected or appointed officials or individuals employed by a corporation chartered by the

Nation.

(b) “DTS” means the Digital Technology Services.

Nation.

(d)  “Personal Useuse” means computerany technology resource use that is conducted for

purposes other than accomplishing an authorized activity or official business of the

TribeNation.

(e) Tribe means the Oneida Tribe of Indians of Wisconsin.

(f) User means all those who use the Tribal computer resources(e) “Technology

Resources” means any tools, systems, and applications that use technology to fulfill their

purposes. Technology resources may include, but are not limited to, computers, tablets,

telephones, facsimile machines, photocopiers, networks, virtual applications, and software,

such as internet connectivity and access to internet services and electronic mail.

(f) “User” means any individual who uses the technology resources of the Nation, including

but not limited to employees, independent contractor personnel, interns, members of boards,

committees or commissions, volunteers, guests, and visitors.

215.4 Acceptable Use.

215.4-1. Users may utilize computertechnology resources for authorized activities.

215.4-2. Users may engage in personal use of computertechnology resources when such use does

not interfere with the mission or operations of the entity in control of the resources and does not

violate applicable personnel policies andlaws, rules, or standard operating procedures of the

Nation.

215.4-3. Employees may engage in limited personal use of computertechnology resources if the

usage does not violate section 215.5-1 of the law or standards enacted pursuant to section 215.7-1

of the law.

215.5 Inappropriate Personal Use.

215.5-1. Users are expected to conduct themselves professionally and to refrain from using Tribal

computertechnology resources of the Nation for activities that are inappropriate. no matter in what

location the user utilizes the technology resources of the Nation. Misuse or inappropriate personal

use of Tribal computertechnology resources of the Nation includes:

(a) Any personal use that could cause congestion, delay, or disruption of service to the

2 O.C. 215 – Page 2

7 of 249

Draft 1 (Redline to Current) – PM Draft

2024 08 21

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

network. For exampleThis may include, but is not limited to, downloading video, sound

or other large file attachments that can degrade performance of the entire network.

(b) The creation, copying, transmission, or retransmission of chain letters or unauthorized

mass mailings regardless of the subject matter. An unauthorized mass mailing is a mailing

sent to fifty (50) or more addresses without the permission of the employeesemployee’s

supervisor.

(d) Using Tribal computertechnology resources of the Nation for activities that are

offensive to fellow users. Such activities include:, but are not limited to, hate speech, or

material that ridicules another individual on the basis of race, creed, religion, color, sex,

disability, national origin, or sexual orientation.

(e) The creation, download, viewing, storage, copying, or transmission of sexually explicit

or sexually oriented materials.

(f) Posting unauthorized information to external newsgroups, bulletin boards, or other

public forums.

(g) The unauthorized acquisition, use, reproduction, transmission, or distribution of any

controlled information including computer software and data, that includes, copyrighted,

trade marked or material with other intellectual property rights (, beyond fair use),, or

proprietary data.

(h) Unauthorized use of another usersuser’s password or account.

(i) Excessive personal use of the internet pursuant to section 215.7-1 (a).) of this law.

(j) Maintenance of a private business without proper authorization.

(k) Transmission of computer viruses or other malicious code.

215.5-2. It shall not be deemed an inappropriate use for a user to share information or evidence

regarding the inappropriate use of another user if reporting the inappropriate use in accordance

with the proper reporting structure.

215.6 Privacy.

215.6-1. All activities on computerusing technology resources of the Nation may be monitored,

intercepted, recorded, read, copied, or captured by MISDTS to ensure user compliance with this

ordinance. law. Use of computertechnology resources, authorized or unauthorized, constitutes

consent to this monitoring, interception, recording, reading, copying, or capturing.

215.6-2. This policylaw in no way creates a right to privacy in computertechnology resource

usage. Users should not expect privacy in their usage, including accessing personal e-mail,

brokerage, credit card, and bank accounts through the internet.

215.7 Limitations on Use.

215.7-1. The privilege to use Tribal computerthe technology resources of the Nation for personal

use may be revoked or limited. If the user is subject to the Tribes personnel policiesNation’s

laws and proceduresrules governing employment, the supervisor may revoke or limit the privileges

of that user.

(a) Supervisors are hereby authorized to develop standard operating procedures defining

excessive use for users of technology resources for any user that is an employee of the

2 O.C. 215 – Page 3

8 of 249

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

Nation and subject to the Tribes personnel policies and procedures and who are under the

supervisorssupervisor’s authority. TheseAny standard operating procedure shall be

developed in accordance with all other laws and rules of the Nation. The standard operating

procedures may also establish the appropriate times to use computertechnology resources

for personal use. Supervisors mustshall provide adequate notice of the terms of thoseany

standard operating procedures to all individuals covered by such procedures.

(b) Tribal entities, agencies, or departments that provide computertechnology resources to

community members or to the public may adopt usage policies not inconsistent with this

ordinancelaw or rules developed in accordance with this law.

215.8 ComputerTechnology Resources Acknowledgment Form.

215.8-1. Users shall receive a copy of the ComputerTechnology Resources Ordinancelaw and

Computer Resources Acknowledgmenttechnology resources acknowledgment form. All users

shall sign the Acknowledgment Formacknowledgment form in order to gain or continue access to

computertechnology resources. of the Nation.

215.9 Administrative Rulemaking Authority.

215.9-1. DTS shall be delegated rulemaking authority in accordance with the Administrative

Rulemaking law to promulgate rules to govern technology resources of the Nation.

215.10 Violations.

215.910-1. Violations of the law or any rule adopted in accordance with this law may result in

limitation on use of or a loss of access to the computertechnology resources. of the Nation.

215.910-2. The Oneida TribeNation reserves the right to advise law enforcement officials of

suspected crimeillegal activity found within a users computeruser’s technology resources and

provide them such resources as evidence.

215.910-3. Employee violations of this law are subject to the Oneida Tribes progressive

disciplinary policies contained in the Tribes personnel policies and procedures, up to and

including termination. discipline in accordance with the Nations laws governing employment.

End.

Emergency Adopted -– BC # 3-03-24-04-A (Emergency Adoption)

Adopted -– BC # 9-09-29-04-B (Permanent Adoption)

Amended – BC-__-__-__-__

2 O.C. 215 – Page 4

r-' \

9 of 249

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

GODOOO

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Computer Resources Ordinance Amendments

Norbert Hill Center Business Committee Conference Room and Microsoft Teams

August 21, 2024

12:15 p.m.

Present: Jameson Wilson, Clorissa Leeman, Grace Elliott, Michelle Braaten, Sharon Mousseau,

Jason Doxtator, Jesse Kujawa, Elvis Walkin, Todd Vanden Heuvel, Josephine Skenandore

Jameson Wilson: Good Afternoon, the time is 12:15 p.m. and today’s date is Wednesday, August

21, 2024. I will now call to order the public meeting for the proposed amendments to the Computer

Resources Ordinance.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address on the sign in sheet or in the chat on Microsoft

Teams with your name, we can ensure you receive a copy of the public comment review

memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on

Wednesday, August 28, 2024.

In attendance from the LOC is myself, Jameson Wilson, chairman of the Legislative Operating

Committee.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five minutes per

person. This time limit shall be applied equally to all persons.

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 21, 2024

Page 1 of 2

10 of 249

We will now begin today’s public meeting for the proposed amendments to the Computer

Resources Ordinance.

The purpose of the Computer Resources Ordinance is to regulate the usage of technology resources

and processed data owned and operated by the Nation. The Computer Resources Ordinance

amendments will:

 Revise the title and references throughout the Law from “computer resources” to

“technology resources.”

 Clarify that users are expected to conduct themselves professionally and to refrain from

using technology resources of the Nation for activities that are inappropriate no matter in

what location the user utilizes the technology resources of the Nation.

 Clarify that it shall not be deemed an inappropriate use for a user to share information or

evidence regarding the inappropriate use of another user if reporting the inappropriate use

in accordance with the proper reporting structure.

 Clarify that any standard operating procedure defining excessive use of technology

resources for any user that is an employee of the Nation is required to be developed in

accordance with all other laws and rules of the Nation.

 Include a new provision in which DTS is delegated rulemaking authority in accordance

with the Administrative Rulemaking law to promulgate rules to govern technology

resources of the Nation.

Those who wish to speak please raise your hand and state your name when making a comment.

With there being no more speakers in person or online, the public meeting for the proposed

amendments to the Computer Resources Ordinance is now closed at 12: 28 p.m.

Written comments may be submitted until close of business on Wednesday, August 28, 2024.

Appreciate everyone joining online and hopefully we will get some comments from during the

comment public comment period.

So appreciate you all joining once again and have a good rest of the day.

We’ll see you.

-End of Meeting-

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 21, 2024

Page 2 of 2

ONEIDA

11 of 249

Analysis to Draft 1

2024 09 04

COMPUTER RESOURCES ORDINANCE

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Purpose

Affected Entities

Public Meeting

Fiscal Impact

Analysis by the Legislative Reference Office

 Revise the title and references throughout the Law from “computer

resources” to “technology resources.”

 Clarify that users are expected to conduct themselves professionally and

to refrain from using technology resources of the Nation for activities that

are inappropriate no matter in what location the user utilizes the

technology resources of the Nation. [2 O.C. 215.5-1].

 Clarify that it shall not be deemed an inappropriate use for a user to

share information or evidence regarding the inappropriate use of another

user if reporting the inappropriate use in accordance with the proper

reporting structure. [2 O.C. 215.5-2].

 Clarify that any standard operating procedure defining excessive use of

technology resources for any user that is an employee of the Nation is

required to be developed in accordance with all other laws and rules of

the Nation. [2 O.C. 215.7-1(a)].

 Include a new provision in which DTS is delegated rulemaking authority

in accordance with the Administrative Rulemaking law to promulgate

rules to govern technology resources of the Nation. [2 O.C. 215.9-1].

The purpose of this law is to regulate the usage of technology resources and

processed data owned and operated by the Nation. [2 O.C. 215.1-1].

DTS, employees, independent contractor personnel, interns, members of

boards, committees or commissions, volunteers, guests, and visitors

A public meeting was held on August 21, 2024. The public comment period

was held open until August 28, 2024. No public comments were received

during the public meeting or comment period.

A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Computer Resources Ordinance was originally adopted by the Oneida Business

Committee in 2004 through resolution BC-09-29-04-B. The purpose of the Computer Resources

Ordinance is to regulate the usage of technology resources and processed data owned and operated by

the Nation. [2 O.C. 215.1-1].It is the policy of the Nation to provide its community and employees

access to the tools necessary to participate in a technological society. [2 O.C. 210.1-2].

B. Request for Amendments. On the April 30, 2024, the Legislative Operating Committee received a

request from Shane Hill, Manager of Digital Security with the Digital Technology Services (DTS), to

consider amendments to this law to include a delegation of rulemaking authority to DTS so DTS has

the ability to promulgate rules to support and enforce the Computer Resources Ordinance. The

Page 1 of 5

12 of 249

Analysis to Draft 1

2024 09 04

Legislative Operating Committee added the Computer Resources Ordinance amendments to its Active

Files List on May 15, 2024.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Computer Resources Ordinance and this legislative analysis:

 DTS.

B. The following laws were reviewed in the drafting of this analysis:

 Administrative Rulemaking law; and

 Oneida Personnel Policies and Procedures.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Computer Resources Ordinance complies with

the process set forth in the Legislative Procedures Act (LPA).

 On May 15, 2024, the Legislative Operating Committee added the Computer Resources Ordinance

to its Active Files List.

 On June 5, 2024, the Legislative Operating Committee approved the draft of the proposed

amendments to the Computer Resources Ordinance and directed that a legislative analysis be

developed.

 On June 19, 2024, the Legislative Operating Committee approved the legislative analysis of the

proposed amendments to the Computer Resources Ordinance.

 On July 1, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of

the Computer Resources Ordinance Amendments Public Meeting Packet. The requested action of

this e-poll was to approve the Computer Resources Ordinance amendments public meeting packet

and forward the Computer Resources Ordinance amendments to a public meeting to be held on

August 21, 2024. This e-poll was approved by Jennifer Webster, Jonas Hill, Jameson Wilson, and

Kirby Metoxen. Marlon Skenandore is on a personal leave and therefore did not provide a response

to the e-poll.

 On July 17, 2024, the Legislative Operating Committee conducted an e-poll entitled, Approval of

the Canceled July 17, 2024 LOC Meeting Materials. One of the approved actions of this e-poll

was to enter into the record the results of the July 1, 2024, e-poll entitled, Approval of the

Computer Resources Ordinance Amendments Public Meeting Packet.

 On August 21, 2024, the public meeting was held for the proposed amendments to the Computer

Resources Ordinance. No individuals provided oral comments during the public meeting.

 On August 28, 2024, the public comment period closed. No individuals provided written comment

during the public comment period.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to the Computer Resources Ordinance:

 May 31, 2024: LOC work session with DTS.

 July 26, 2024: LOC work session with DTS.

Page 2 of 5

13 of 249

Analysis to Draft 1

2024 09 04

SECTION 5. CONTENTS OF THE LEGISLATION

A. Computer to Technology Resources. The proposed amendments to the Law change the title and

references throughout the Law from “computer resources” to “technology resources.” Technology

resources is defined as any tools, systems, and applications that use technology to fulfill their purposes.

[2 O.C. 215.3-1(e)]. The Law provides that technology resources may include, but are not limited to,

computers, tablets, telephones, facsimile machines, photocopiers, networks, virtual applications, and

software, such as internet connectivity and access to internet services and electronic mail. Id.

 Effect. The revised title sand references throughout the Law are more inclusive of the fact that the

Nation uses many different forms of technology beyond just computers, and the amendments

demonstrate that the Law should apply to all technology used within the Nation, not just computers.

B. Location of Inappropriate Personal Use. Currently, the Law provides that users are expected to

conduct themselves professionally and to refrain from using technology resources of the Nation for

activities that are inappropriate. [2 O.C. 215.5-1]. The proposed amendments to the Law add in

clarification that users are expected to conduct themselves professionally and to refrain from using

technology resources of the Nation for activities that are inappropriate no matter in what location the

user utilizes the technology resources of the Nation. Id.

 Effect. The proposed amendments to the Law recognize that the same expectations apply even

though some users of the Nation may be using technology resources of the Nation from a variety

of locations, especially with the ability for some employees of the Nation to telecommute.

C. Reporting Inappropriate Use. The proposed amendments to the Law add in a new section that clarifies

that it shall not be deemed an inappropriate use for a user to share information or evidence regarding

the inappropriate use of another user if reporting the inappropriate use in accordance with the proper

reporting structure. [2 O.C. 215.5-2].

 Effect. The Legislative Operating Committee intended that this new provision to the Law make it

very clear that a user who may forward on or share information or evidence regarding the

inappropriate use of another use will not be found to be engaging in an inappropriate use if using

the information or evidence to report the inappropriate use of another use in accordance with the

proper reporting structure.

D. Development of Standard Operating Procedures. Currently the Law provides that supervisors are

authorized to develop standard operating procedures defining excessive use for users subject to the

Nation’s personnel policies and procedures and who are under the supervisor’s authority. [2 O.C. 215.71(a)]. The proposed amendments to the Law add further clarification into the Law by providing that

supervisors are authorized to develop standard operating procedures defining excessive use of

technology resources for any user that is an employee of the Nation and subject to the supervisor’s

authority, in addition to the fact that any standard operating procedure is required to be developed in

accordance with all other laws and rules of the Nation. Id.

 Effect. The proposed amendment to the Law clarifies that any standard operating procedure

developed by a supervisor needs to be developed in accordance with all other laws and rules of the

Nation. It is important that there is consistency throughout the laws, rules, and standard operating

procedures of the Nation and that no conflicts exist between the various levels of regulations.

E. Delegation of Administrative Rulemaking Authority. The proposed amendments to the Law add in a

new provision in which DTS is delegated rulemaking authority in accordance with the Administrative

Rulemaking law to promulgate rules to govern technology resources of the Nation. [2 O.C. 215.9-1].

Page 3 of 5

14 of 249

Analysis to Draft 1

2024 09 04

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139



Effect. The Administrative Rulemaking law provides that only authorized agencies may

promulgate rules once they are granted rulemaking authority by a law of the Nation. [1 O.C. 106.41]. This new provision of the Law delegates DTS rulemaking authority in accordance with the

Administrative Rulemaking law. This delegation of rulemaking authority will allow DTS to

develop rules to best govern the technology resources of the Nation.

SECTION 6. EXISTING LEGISLATION

A. References to the Other Laws of the Nation. The following laws of the Nation are referenced in the

Computer Resources Ordinance.

 Oneida Personnel Policies and Procedures. The purpose of the Oneida Personnel Policies and

Procedures is to provide for the Nation’s employee related policies and procedures including

recruitment, selection, compensation and benefits, employee relations, safety and health, program

and enterprise rules and regulations, and record keeping.

 This Law provides that employee violations of this law are subject to discipline in

accordance with the Nation’s laws governing employment. [2 O.C. 215.10-3].

 Any disciplinary action against an employee for a violation of the Computer Resources

Ordinance is required to be conducted in accordance with the Oneida Personnel Policies

and Procedures.

 Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,

effective, and democratic process for enacting and revising administrative rules, to ensure that

authorized agencies act in a responsible and consistent manner when enacting and revising

administrative rules. [1 O.C. 106.1-2].

 This Law delegates rulemaking authority to DTS to promulgate rules to govern technology

resources of the Nation. [2 O.C. 215.9-1].

 Any rules promulgated by DTS are required to be developed in accordance with the process

and procedures of the Administrative Rulemaking law.

B. Other Laws that Reference the Computer Resources Ordinance. The following laws of the Nation

reference the Computer Resources Ordinance. The proposed amendments to the Law do not conflict

with any of the referenced laws.

 Social Media Policy. The Social Media Policy regulates social media accounts, including a social

networking web page, blog or microblog, that is administered on behalf of the Tribe or a Tribal

entity. [2 O.C. 218.1-1].

 The Social Media Policy is not intended to provide a right for employees to use the internet

or social media while at work for personal use. [2 O.C. 218.1-3]. Supervisors retain

discretion to permit or prohibit the personal use of computers in accordance with the

Computer Resources Ordinance. Id.

 Boards, Committees, and Commissions Law. The Boards, Committees, and Commissions law

governs boards, committees, and commissions of the Nation, including the procedures regarding

the appointment and election of persons to boards, committees and commissions, creation of

bylaws, maintenance of official records, compensation, and other items related to boards,

committees and commissions [1 O.C. 105.1-1].

 The Boards, Committees, and Commissions law provides that a member of an entity shall

sign an acknowledgment form provided by the Nation’s Secretary indicating notice of the

Page 4 of 5

15 of 249

Analysis to Draft 1

2024 09 04

140

141

142

Nation’s applicable computer and media related laws, policies and rules. [1 O.C. 105.143(d)].

143

SECTION 7. OTHER CONSIDERATIONS

144

A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

145

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC146

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

147

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

148

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

149

completing the fiscal impact statement.

150

 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact

151

statement be completed.

152

Page 5 of 5

16 of 249

Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Ralinda Ninham-Lamberies, Chief Financial Officer

Jameson Wilson, Legislative Operating Committee Chairman

September 4, 2024

Computer Resources Ordinance Amendments Fiscal Impact Statement

The Legislative Operating Committee (LOC) is currently developing amendments to the Computer

Resources Ordinance. The Legislative Procedures Act requires that a fiscal impact statement be

provided for all proposed legislation of the Nation. [1 O.C. 109.6-1]. The fiscal impact statement

is an estimate of the total fiscal year financial effects associated with the proposed legislation, and

should include:

 startup costs;

 personnel;

 office costs;

 documentation costs; and

 an estimate of the amount of time necessary for an individual or agency to comply with the

law after implementation. [1 O.C. 109.3-1(c)].

The fiscal impact statement must be completed and submitted to the LOC prior to the proposed

legislation being forwarded to the Oneida Business Committee for consideration. [1 O.C. 109.62]. The fiscal impact statement provides the Oneida Business Committee information on what the

potential adoption of the proposed legislation will cost the Nation, so that the Oneida Business

Committee can determine if adoption of the proposed legislation is in the best interest of the

Nation.

The Legislative Procedures Act grants the LOC the authority to direct the Finance Department or

any agency who may administer a program if the legislation is enacted or may have financial

information concerning the subject matter of the legislation to submit a fiscal impact statement. [1

O.C. 109.6-1].

Oneida Business Committee resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal

Impact Statement’ in the Legislative Procedures Act” provides further clarification on the process

for directing a fiscal impact statement be completed. This resolution provides that upon final

approval of draft legislation by the LOC, the LOC may direct the Finance Department to provide

a neutral and unbiased fiscal impact statement to the LOC within ten (10) business days for

inclusion in adoption materials.

On September 4, 2024, the Legislative Operating Committee approved the final draft of the

proposed amendments to the Computer Resources Ordinance. Therefore, the LOC is directing the

Finance Department to provide a fiscal impact statement on the proposed amendments to the

Computer Resources Ordinance by September 18, 2024.

Page 1 of 2

A good mind. A good heart. A strong fire.

17 of 249

A copy of the proposed amendments to the Computer Resources Ordinance, as well as the

legislative analysis, have been attached to this memorandum for your convenience.

Requested Action

Provide the LOC a fiscal impact statement of the proposed amendments to the Computer

Resources Ordinance by September 18, 2024.

A good mind. A good heart. A strong fire.

Page 2 of 2

ONEIDA

18 of 249

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee

September 4, 2024

Law Enforcement Ordinance

Amendments

Submission Date: 9/17/14

LOC Sponsor: Jonas Hill

Public Meeting: n/a

Emergency Enacted: n/a

Summary: This item was carried over from the previous three terms. The item was originally

added to the Active Files List per the request of the Oneida Police Department and the Oneida

Law Office that clarification be added to the law regarding whether the Nation’s Conservation

wardens qualify as sworn officers.

9/17/14 LOC: Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation

Officers to the Active Files List; seconded by Tehassi Hill. Motion carried unanimously. Note:

Tehassi Hill will be the sponsor for this item.

10/10/16:

Quarterly Sponsor Update Meeting held. Present: Tehassi Hill, Maureen Perkins, Tani

Thurner, Clorissa Santiago, Krystal John. No new updates.

9/6/17 LOC:

Motion by Jennifer Webster to add Law Enforcement Ordinance Amendments – Conservation

Officers to the active files list with Ernie Stevens III as the sponsor; seconded by Daniel

Guzman King. Motion carried unanimously.

11/1/17 LOC: Motion by Kirby Metoxen approve the 60-day active files list update and continue development

of all the items on the active files list; seconded by Ernie Stevens III. Motion carried

unanimously.

10/7/20 LOC: Motion by Kirby Metoxen to add the Law Enforcement Ordinance Amendments to the Active

Files List with Jennifer Webster as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

12/09/21:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Marie Summers, Kristal Hill,

Rhiannon Metoxen, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to have the LOC

review a first draft of amendments to the Oneida Law Enforcement Ordinance. For purposes

of efficiency, amendments to the Ordinance should be developed and adopted simultaneous

with the ONGO amendments; specifically, as they relate to the transition of the Security

Department (as set forth in ONGO) from under the Oneida Police Department to under a

Public Safety Commission, which will be created through re-establishment of the Oneida

Police Commission via amendments to this Ordinance. The next step is for the drafting

attorney to meet with the heads of the Police Department and Conservation Department to

discuss the aforementioned transition.

Page 1 of 3

A good mind. A good heart. A strong fire.

19 of 249

12/15/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Jennifer

Webster, Kristal Hill, Clorissa Santiago, Kristen Hooker, Carmen Vanlanen. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to discuss the meeting

scheduled for December 21, 2021 with the heads of the Oneida Police Department and

Conservation Department to discuss the transition of the Conservation Department from under

the Police Department to under a re-established Oneida Police Commission to be renamed the

Public Safety Commission.

12/21/21:

Work Meeting. Present: David Jordan, Marie Summers, Daniel Guzman-King, Joel Maxam,

Eric Boulanger, Shad Webster, Terry Metoxen, Nicole Rommel, Kristal Hill, Rhiannon

Metoxen, Kristen Hooker, Carmen Vanlanen. This was a work meeting held through

Microsoft Teams. The purpose of the meeting was to discuss amendments to the Oneida Law

Enforcement Ordinance as they relate to the oversight of the Conservation Department. The

next step is for the Police Department and Conservation Department to forward their policies/

protocols to the LRO so that it may review them in anticipation of discussing the issue in more

depth with the LOC.

1/28/22:

Work Meeting. Present: Richard VanBoxtel, Jeanette Ninham, Kristen Hooker, Carmen

Vanlanen. This was a work meeting held through Microsoft Teams. The purpose of the

meeting was to hear from members of the Oneida Police Commission in regards to the

proposal to reorganize the Commission, as well as the Conservation Department, in a manner

that better suits the Nation and its members.

6/23/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Clorissa N.

Santiago, Carolyn Salutz, Grace Elliott, Rhiannon Metoxen, Kristal Hill. This was a work

meeting held through Microsoft Teams. The purpose of the meeting was to clarify some

drafting questions to provide greater direction as to the drafting of potential amendments to

the Law.

7/6/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Clorissa N.

Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Eric Boulanger, Joel Maxam. Terry

Metoxen, Kelly McAndrews. This was a work meeting held through Microsoft Teams. The

purpose of the meeting was to begin discussing potential amendments to the Law.

8/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Summers, Daniel Guzman

King, Clorissa N. Santiago, Carolyn Salutz, Grace Elliott, Kristal Hill, Rhiannon Metoxen.

This was a work meeting held through Microsoft Teams. The purpose of the meeting was to

discuss an e-mail received from Attorney Kelly McAndrews providing that the Oneida Law

Office and Oneida Police Department no longer support the creation of a Public Safety

Commission that would oversee the Security Department in addition to the Police Department.

9/19/22:

Work Meeting. Present: Kirby Metoxen, Marie Summers, Daniel Guzman King, Jennifer

Webster, Clorissa N. Santiago, Carolyn Salutz, Kristal Hill, Eric Boulanger, Joel Maxam,

Richard VanBoxtel, Kelly McAndrews, Katsitsiyo Danforth. This was a work meeting held

through Microsoft Teams. The purpose of the meeting was to discuss a memorandum from

OPD, Law Office, and Security regarding some concerns with including Security within the

Law Enforcement Ordinance, as well as additional areas within the Law Enforcement

Ordinance that will need amending.

9/21/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman

King, Jennifer Webster, Clorissa N. Santiago, Carolyn Salutz, Rhiannon Metoxen, Grace

Elliott. This was a work meeting held through Microsoft Teams. The purpose of the meeting

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

20 of 249

was to follow up on the September 19, 2022, work meeting and make a final determination as

to whether to move forward with the development of the Public Safety Commission.

10/3/22:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Daniel Guzman

King, Jennifer Webster, Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Kristal Hill,

Katsitsiyo Danforth, Louise Cornelius. This was a work meeting held through Microsoft

Teams. The purpose of the meeting was to discuss with the Gaming General Manager, Gaming

maintaining some responsibilities over the Security Department even after it moves to under

the Public Safety Commission.

10/4/23 LOC: Motion by Jennifer Webster to add the Law Enforcement Ordinance Amendments to the Active

Files List with Jonas Hill as the sponsor; seconded by Jonas Hill. Motion carried unanimously.

3/6/24:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Marlon

Skenandore, Jonas Hill, Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam,

Brandon Vandehei, Maureen Perkins, Kristal Hill. The purpose of this work meeting was to

review the Oneida Nation Law Enforcement Ordinance and discuss potential amendments.

3/28/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Kirby

Metoxen, Jonas Hill, Clorissa Leeman, Kristal Hill, Grace Elliott, Carolyn Salutz. The purpose

of this work meeting was to discuss the removal of “sergeant” from section 301.5-3(d) of the

law.

4/19/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Marlon Skenandore,

Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Joel Maxam, Brandon Vandehei, Dan

Skenandore, Fawn Cottrell, Katsitsiyo Danforth, Maureen Perkins. The purpose of this work

meeting was to review the updated draft of the proposed amendments to the Oneida Nation

Law Enforcement Ordinance.

6/7/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Kirby Metoxen,

Clorissa Leeman, Kelly McAndrews, Eric Boulanger, Brandon Vandehei, Richard VanBoxtel,

Katsitsiyo Danforth, Carolyn Salutz, Kristal Hill, Maureen Perkins. The purpose of this work

meeting was to review the updated draft of the proposed amendments to the Oneida Nation

Law Enforcement Ordinance, and specifically obtain the input of the Oneida Police

Commission.

7/26/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Clorissa Leeman,

Maureen Perkins, Richard VanBoxtel, Eric Boulanger. The purpose of this work meeting was

to review some final topics in the Oneida Law Enforcement Ordinance draft – particularly

looking at section 301.6-4 so we can have some discussion on what responsibilities the

Commission should have over the Department so it best reflects current practice.

Next Steps:

 Approve the draft of the proposed amendments to the Oneida Law Enforcement Ordinance and

direct that a legislative analysis be completed.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

21 of 249

Draft 1 (Redline to Current)

2024 09 04

Title 3. Health and Public Safety – Chapter 301

ONEIDA NATION LAW ENFORCEMENT ORDINANCE

Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us

LAW ENFORCEMENT

301.1-1 Purpose and Policy

301.2-1 Adoption, Amendment, Repeal

301.3-1 Definitions

301.4-1 General Principles

301.5-1 Oneida Police Department

301.6-1 Oneida PolicePublic Safety and Security Commission

301.7-1

301.8-1

301.9-1

301.10-1

301.11-1

Appointment of Law Enforcement Officers

Promotion of Law Enforcement Officers

Disciplinary Proceedings

Administrative Leave

Firearms Control

301.1.

Purpose and Policy

301.1-1. Purpose.

The purpose of this ordinancelaw is to regulate the conduct of the Oneida

Tribe of Indians of WisconsinNation’s law enforcement personnel according to the highest

professional standards.

301.1-2. Policy. It is the policy of the Nation to ensure that the law enforcement personnel

operates at the highest level of professional standards to ensure the safety and welfare of the

community.

301.2.

Adoption, Amendment, Repeal

301.2-1.

This law iswas adopted by the Oneida Business Committee by resolution BC

Resolution -10-10-01-C and amended by resolution BC-02-25-15-C. and BC-__-__-__-__.

301.2-2.

This law may be amended pursuant to the procedures set out in the Oneida

Administrative Procedures Actor repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

301.2-3.

Should a provision of this law or the application there of to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this law which

are considered to have legal force without the invalid portions.

301.2-4. All other Oneida laws, policies, regulations, rules, resolutions, motions and all other

similar actions which are inconsistent with this policy are hereby repealed unless specifically reenacted after adoption of this policy.

301.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

301.2-5.

This ordinance shall be known aslaw is adopted under authority of the Constitution of

the Oneida Law Enforcement OrdinanceNation.

301.3.

Definitions

301.3-1.

This section shall govern the definitions of words asand phrases as used herein.within

this law. All words not defined herein shall be used in their ordinary and everyday sense.

(a) “Certified Law Enforcement Officer shall meanlaw enforcement officer” means a

sworn officer who meets all qualifications for law enforcement officer, including accepted

professional training and experience, State of Wisconsin Certification or eligibility for

Certification which includes but is not limited to, satisfactory background investigation,

psychological evaluation, drug testing, and police firearms certification.

(b) Police Supervisors are defined as law enforcement officers who hold the rank of

3 O.C. 301- Page 1

22 of 249

Draft 1 (Redline to Current)

2024 09 04

Sergeant or above.

(b) “Commissioner” shall mean a member of the Oneida Public Safety and Security

Commission.

a high probability of death or great bodily harm.

(d) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17.

(e) “Nation” means the Oneida Nation.

(f) “Non-sworn Personnel shall mean those persons who perform duties for personnel”

means an individual employed with the Oneida Police Department as directed by the Police

Chief or designeethat does not meet the qualifications for a certified law enforcement

officer.

(d) g) “Oneida PolicePublic Safety and Security Commission shall refer to” means the

entity made up of those individuals appointed by the Oneida Business Committee to serve

in the capacity of insuring that community input is maintainedprovide oversight regarding

the activities and actions of public safety and security operations throughout the

Reservation.

(h) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant

or above.

(i) “Reservation” means all land within the Oneida Police Department by means of policy

review and enforcementexterior boundaries of the Reservation of the Oneida Nation, as

created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any lands added

thereto pursuant to federal law.

(e) Commissioner shall mean a member of the Oneida Police Commission.

(f) Oneida Tribe means the Oneida Tribe of Indians of Wisconsin.

(g) Judiciary means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Tribe.

301.4.

General Principles.

301.4-1.

All law enforcement operations of the Nation shall be conducted in accordance with

this law.

301.4-2. Law enforcement operations shall take place on and within Oneidathe Reservation,

unless:

(a) there is a potential that the safety and welfare of an individual is being compromised.

In addition,;

(b) the law enforcement operations may take placeoccur pursuant to mutual aid agreements

with local governments.; or

All law enforcement operations shall be conducted as set forth in

this ordinanceoccur pursuant to any other jurisdictional exception.

301.4-3.

Law enforcement operations shall be used primarily for the purposes of providing law

enforcement within the Oneida CommunityNation and to supplementprovide mutual assistance or

aid to external law enforcement services offered by local governments within the Oneida

Communitycommunity by powers set forth in section 301.4, of this law, Article IV section 1(f) of

3 O.C. 301- Page 2

23 of 249

Draft 1 (Redline to Current)

2024 09 04

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

the Constitution and By-Laws of the Oneida Tribe of Indians of WisconsinNation, and as set forth

in compacts and agreements authorized by the Oneida Business Committee or General Tribal

Council.

301.4-4. The Oneida Tribe of Indians of Wisconsin The Nation shall appoint and employ law

enforcement personnel within its boundaries as it deems necessary for the purpose of detecting

and preventing crime and enforcing the laws and ordinances of the Oneida TribeNation, in addition

to protection of persons, property, and premises.

301.4-5.

The Oneida Police Department may, as authorized and delegated by this

Ordinancelaw and the Oneida Business Committee or General Tribal Council, enter into crossdeputization and other law enforcement agreements with other jurisdictions.

301.4-6. The Oneida Police Department may allow law enforcement use of service firearms in

order to protect life, liberty, property, land and premises, according to the usual and minimum

accepted law enforcement standards as determined by the Police Chief with approval of the Oneida

Police Commission. However, actual use of deadly force shall be allowed solely for the protection

of life or the prevention of grievous bodily harm.

301.4-7. A Police Commission is established by this Ordinance to provide oversight regarding

the activities and actions of the law enforcement operations to provide the greatest possible

professional services to the Oneida community and to allow for community input regarding those

law enforcement services through its representatives on the Police Commission. This entity is

created as an oversight body and does not involve decision making processes on day to day

activities of those law enforcement services.

301.5.

Oneida Police Department

301.5-1.

There is hereby established an Oneida Police Department, to which is delegated all

law enforcement authority of the Oneida TribeNation. The Oneida Police Department may create

divisions of operation as may be deemed appropriate.

(a) Oneida Police Chief. The Department Position Restrictions. All positions and

appointments of the Oneida Police Department shall be subject to Indian preference in

hiring, except that the following positions shall be held only by members of the Nation:

(1) Police Chief;

(2) Assistant Chief; and

(3) Police Lieutenant.

301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,

appointed pursuant to Section 6-5 of this Ordinancelaw.

(ba) The Police Chief shall have authority over departmental personnel and operations,

subject to the powers of the Oneida Police Commission set forth in Section 301.6-1 of this

Ordinance.

Department may create divisions of operation as may be deemed appropriate.

(d) The Police Chief or his/her designee shall have the right to exercise his/her police

authority to deputize and use the services and manpower of the Oneida Public Safety and

Security Department for emergencies, special events, and investigationsCommission.

301.5-2.

Conservation Department. There(b) Qualifications and Process for

Appointment as Police Chief.

(1) The recruitment and hiring process for Police Chief shall be a Conservation

Department which is a division of conducted by the Oneida Police Department.

3 O.C. 301- Page 3

24 of 249

Draft 1 (Redline to Current)

2024 09 04

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

This divisionPublic Safety and Security Commission, with assistance, as needed,

by the Human Resources Department.

(2) No person shall be responsible for the protectionaccepted as a candidate or be

eligible to serve as Police Chief who does not meet the following qualifications:

(A) Current certification in the State of Wisconsin as a law enforcement

officer or upon approval from the applicable State of all fish resources,

wildlife resources, and the landsWisconsin Standards Board;

(B) Member of the Nation;

enforcement officer for a state. tribal, local, or federal government, with

preference for:

(i) those who have at least an associate degree in police science,

criminal justice or similar field, or a bachelor’s degree in a related

subject; and

(ii) those with successful supervisory experience;

(D) Current satisfactory background investigation completed by a law

enforcement agency selected by the Oneida TribePublic Safety and Security

Commission with results of the investigation reported directly to the Oneida

Public Safety and Security Commission;

(E) Current satisfactory psychological examination report;

(F) Current satisfactory medical examination report;

(G) Current drug test with negative results for controlled substances; and

(H) Any other minimum requirement as provided for in the job description.

(3) Examinations, interviews, further selection criteria and other processes utilized

in the hiring process of a Police Chief shall be at the discretion of the Oneida Public

Safety and Security Commission,

(4) Upon accepting notification of retirement, resignation, or the removal of a

current Police Chief, the Oneida Public Safety and Security Commission shall

appoint an interim or acting Police Chief who shall serve in said capacity until the

process for appointment of a new Police Chief can be completed.

301.5-3.

Law Enforcement Officers.

(a) Law Enforcement Officer: Educational Requirements. All persons hired after February

1, 1993, shall meet the following minimum education requirements within five (5) years

of thetheir hire date, which are as follows:

(1) Possess a two (2) year associate degree from a Wisconsin an accredited

vocational, technical, andor adult education district or its accredited equivalent

from another state,; or

(2) Possess documentation in the form of an official transcript showing a minimum

of sixty (60) fully accredited college level credits. Documentation will be required

in the form of an official transcript; or

(3) Possess a bachelors degree from a Wisconsinaccredited college or university

or its accredited equivalent.

(b) Conditional Employment. Persons hired after February 1, 1993,Any person who areis

not a certified law enforcement officersofficer at the time of hire, areis considered a

conditional employeesemployee and mustshall attain the educational requirements as

specified in section 301.5-3(a), within five (5) years of their date of hire.

3 O.C. 301- Page 4

25 of 249

Draft 1 (Redline to Current)

2024 09 04

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

(1) Conditional employees are not eligible for promotion.

(2) Law enforcement officers who fail to meetattain the specifiededucational

requirements in section B,within five (5) years of their date of hire shall be subject

to immediate termination.

ordinancelaw, no law enforcement officer may be considered eligible for promotion to

supervisor until the educational requirements of section 301.5-3(a) have been satisfied.

Law enforcement officers promoted prior to the enactment of this ordinancelaw are exempt

from the educational requirements specified in section 301.5-3(a).

(d) Oneida Police Department Position Restrictions/Exceptions. The following positions

shall be held only by members of the Oneida Tribe: Police Chief, Assistant Chief, Police

Lieutenant or Sergeant, Conservation Director, and Assistant Conservation Director. All

other positions and appointments shall be subject to the Indian Preference rules of the

Oneida Tribe.

301.5-4.

Liability Coverage. The Oneida TribeTo the extent the Federal Tort Claims Act

coverage does not apply, the Nation shall provide professional liability insurance for all law

enforcement officers and Conservation Officers.

301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida

Police Department shall be bound by Standard Operating Proceduresstandard operating procedures

that are required as a result of the specific and unique needs of law enforcement.

301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed

by sworn oath before the Oneida Business Committee at a regular meetingduring a regular or

special Oneida Business Committee meeting, or at an alternative time and location as determined

by the Oneida Business Committee Secretary.

(a) When taking an oath, the law enforcement officer shall appear in person to take their

oath, except if granted permission by the Oneida Business Committee Secretary to appear

through video conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum

of Oneida Business Committee members shall be present to witness the oath.

301.6.

Oneida PolicePublic Safety and Security Commission

301.6-1. Oneida Police Commission. Establishment. There is hereby established an Oneida

Police Public Safety and Security Commission to provide oversight regarding the activities and

actions of public safety and security operations throughout the Reservation to provide the greatest

possible professional services to the Nation and to allow for community input regarding those

public safety and security services through its representatives on the Oneida Public Safety and

Security Commission. The Oneida Public Safety and Security Commission is an oversight body

of the following departments of the Nation, but its oversight authority does not involve decision

making processes on day-to-day activities of those public safety services:

(a) Oneida Police Department;

(b) Internal Security Department; and

Oneida Public Safety and Security Commission.

301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five

(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.

Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.

3 O.C. 301- Page 5

26 of 249

Draft 1 (Redline to Current)

2024 09 04

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the

Oneida Public Safety and Security Commission an individual shall:

(a) Be a member of the Nation;

(b) Be twenty-five (25) years of age or older;

(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin;

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement;

(3) A conviction of any law violation that could bring discredit to the Oneida Public

Safety and Security Commission; or

(4) Any pardon issued by the Nation or the governor of any State, for an offense

specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for

the purposes of membership on the Oneida Public Safety and Security Commission;

(d) Not be employed with or terminated from the Oneida Police Department, Internal

Security Department, or any other public safety operation overseen by the Oneida Public

Safety and Security Commission;

301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety

and Security Commission shall be responsible for and empowered to do the following in regard to

the Oneida Police Department:

(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.

(b) Approve all law enforcement officer appointments made by the Police Chief including

the promotion of subordinates.

eligible for appointment to law enforcement officer and promotion, are established.

(d) Approve competitive examinations used to judge suitability for appointment or

promotion of law enforcement officers.

(e(c) Approve an eligibility list of individuals determined to be eligible for appointment

as a law enforcement officer or promotion.

(f) Suspend law enforcement officers or other appointed personnel of the Police

Department pending the filing and hearing of charges against them, subject to the

provisions of 301.10.

(g) Initiate charges against law enforcement officers or other appointed personnel of the

Police Department.

(h(d) Hear charges filed against law enforcement officers or other appointed personnel

of the Police Department, whether filed by the Oneida Public Safety and Security

Commission or the Police Chief, make findings and determinations, and impose penalties,

up to and including termination.

(ie) Hear appeals of disciplinary actions against any law enforcement personnel or .

(1) The Oneida Public Safety and Security Commission shall not have authority

over disciplinary actions of non-sworn personnel.

(jf) Adopt rulesstandard operating procedures governing the Oneida PolicePublic Safety

and Security Commission’s management of its own activities.

301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The

responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal

3 O.C. 301- Page 6

27 of 249

Draft 1 (Redline to Current)

2024 09 04

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

Security Department or any other safety operation department of the Nation shall be provided for

in the Oneida Public Safety and Security Commission bylaws.

301.6-6. Removal From Office. (k) Review contracts, and forward to the Oneida

Business Committee for approval, concerning cross-deputization, dispatch function and

mutual aid pacts which are made between the Oneida Police Department and a non-tribal

agency.

(l) Approve Standard Operating Procedures of the Oneida Police Department.

A member of the Oneida Public Safety and Security Commission may have their appointment

terminated by the Oneida Business Committee for:

(a)

Misconduct301.6-2.

Appointment of Commissioners. The Oneida Business

Committee shall appoint five members to the Oneida Police Commission for a term of five years.

Commissioners may serve more than one term, but not more than three consecutive terms.

301.6-3. Commissioner Requirements and Qualifications. The following are membership

requirements for serving on the Oneida Police Commission:

(a) Shall be a member of the Oneida Tribe.

(b) Must be 25 years of age or older.

serving on the Oneida Police Commission:

(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin.

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement.

(3) A conviction of any ordinance violation that could bring discredit to the

Commission.

(4) Any pardon issued by the Oneida Tribe or the governor of any State, for an

offense specified in sections 301.6-3(c)(1)-(3), shall not deem a person as

“exonerated” for the purposes of membership on the Oneida Police Commission.

(d) Must submit to drug testing prior to appointment and on an annual basis.

(e) Must not be an employee of the Oneida Police Department

(f) Shall attend applicable training.

(g)

Must be a person of known good standing in the community.

301.6-4. Removal From Office. In addition to the Removal Law standards, a Commissioner may

be removed for:

(a) Malfeasance in office.;

(b) Conduct which could jeopardize the reputation of the Oneida TribeNation, the Oneida

PolicePublic Safety and Security Commission, or the law enforcementpublic safety

system.;

qualifications specified in section 301.6-3(c) above.; or

(d) Violation of the confidentially of closed hearings or any other information declared

“confidential” by the Oneida Police Commission.

301.6-5.

QualificationsPublic Safety and Security Commission.

301.Process for7. Appointment as Police Chief.

(a) The recruitment and hiring process for Police Chief shall be conducted by the Oneida

3 O.C. 301- Page 7

28 of 249

Draft 1 (Redline to Current)

2024 09 04

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

Police Commission, with assistance, as needed, by the Human Resources Department.

(b) No person shall be accepted as a candidate or be eligible to serve as Police Chief who

does not meet the following qualifications:

(1) Current certification in the State of Wisconsin as a law enforcement officer or

upon approval from State of Wisconsin Standards Board.

(2) Member of the Oneida Tribe.

(3) A minimum of five (5) years creditable service as a sworn law enforcement

officer for a state. tribal, local or federal government, with preference for (i) those

who have at least an associate degree in police science, criminal justice or similar

field, or a bachelor’s degree in a related subject; and (ii) those with successful

supervisory experience.

(4) Current satisfactory background investigation completed by the Security

Department or a law enforcement agency selected by the Oneida Police

Commission with results of the investigation reported directly to the Oneida Police

Commission.

(5) Current satisfactory psychological examination report.

(6) Current satisfactory medical examination report.

(7) Current drug test with negative results for controlled substances.

hiring process of a Police Chief shall be at the discretion of the Oneida Police Commission,

(d) Upon accepting retirement notification or the resignation of a current Police Chief, the

Oneida Police Commission shall appoint an interim or acting Police Chief who shall serve

in said capacity until the process for appointment of a new chief can be completed.

301.7.

Appointment of Law Enforcement Officers

301.7-1.

Job Task Analysis. The Police Chief shall develop a Job Task Analysisjob task

analysis (job description) for law enforcement officers and submit the job task analysis to the

Oneida PolicePublic Safety and Security Commission for approval.

301.7-2.

Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by

the Oneida PolicePublic Safety and Security Commission and implemented by the Police Chief;

and must . The hiring criteria shall include, but is not be limited to, the following:

(a) educational requirements,;

(b) satisfactory background investigation,;

(d) medical certification.

301.7-3.

Hiring Process Outline. A Hiring Process OutlineA hiring process outline shall be

developed by the Oneida PolicePublic Safety and Security Commission and implemented by the

Police Chief. The Hiring Process Outline willhiring process outline shall detail specific steps

involved in the hiring process for law enforcement officers, and steps in the process involving

scoring, rank scoring, or grading shall be specified, as well as passing grades or scores. The Hiring

Process Outlinehiring process outline shall include all pertinent steps involved in the hiring process

including, but not limited to, the following:

(a) application process,;

(b) application screening,;

(d) oral interviews,;

3 O.C. 301- Page 8

29 of 249

Draft 1 (Redline to Current)

2024 09 04

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

(e) physical agility testing,;

(f) background investigation,;

(g) conditional offer of employment,; and

(h) psychological and medical testing.

301.7-4.

Approval of Additional Law Enforcement Personnel.

(a) The Police Chief shall make a request for the hiring of additional law enforcement

personnel through the Human Resources Department processes.

(b) Upon receiving approval, the Police Chief shall make a formal request to the Human

Resources Department for posting the position(s) available. The current Job Task

Analysis, Hiring Criteria.job task analysis, hiring criteria. and Hiring Process Outlinehiring

process outline shall be submitted to the Human Resources Department by the Police Chief.

301.7-5.

Process. All phases of the hiring process shall be conducted in accordance with the

Hiring Process Outlinehiring process outline. Duties and responsibilities of persons involved in

the process shall be specified in the outline.

301.7-6.

Eligibility List.

(a) Upon completion of all screening steps of the Hiring Process Outlinehiring process

outline, a list shall be compiled of all candidates based on cumulative scores earned by

each applicant in all graded or scored steps of the current hiring process.

(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the

highest cumulative score is ranked “1”, the candidate with the second highest cumulative

score is ranked “2”, etc.

Security Commission and submitted to the Police Chief.

(d) The eligibility list will be valid for one (1) year from the date it was compiled.

(e) The order of appointment of applicants to the position of law enforcement officers

shall follow the order of the eligibility list contingent upon satisfactory background

investigation, psychological testing, and medical testing.

301.7-7.

Commencement of Background Investigation.

(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate

to commence a background investigation upon candidates based on their numerical ranking

on the eligibility list, starting with the top candidate.

(b) Results of the background investigation shall be forwarded to the Police Chief and the

Oneida PolicePublic Safety and Security Commission.

report by either the Police Chief or the Oneida Police Public Safety and Security

Commission, such. Such determinations toby the Police Chief of the Oneida Public Safety

and Security Commission shall be made in writing.

301.7-8.

Conditional Offer of Employment. Provided a candidate has satisfactory results in a

background investigation, an offer of employment shall be sent to the candidate. The offer shall

specify the candidate’s appointment to the position of law enforcement officer contingent upon

satisfactory psychological and medical testing.

301.7-9.

Appointment. Provided a candidate has passed psychological and medical testing, a

formal offer of employment shall be extended to the candidate by the Police Chief. In the event

the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the

contingency of employment shall be specified in the offer.

3 O.C. 301- Page 9

30 of 249

Draft 1 (Redline to Current)

2024 09 04

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

301.8.

Promotion of Law Enforcement Officers

301.8-1.

Criteria for Promotion. The Oneida PolicePublic Safety and Security Commission

and the Police Chief shall establish specific criteria for the promotion of law enforcement officers.

The criteria shall be placed on the -notice or position posting for the promotion.

301.8-2.

Process. The process for promotion shall be developed by the Police Chief and

approved by the Oneida PolicePublic Safety and Security Commission. The specifics of the

process shall be placed on the notice or position posting for said promotion.

301.8-3.

Psychological Testing Required. All candidates for promotion shall undergo

psychological testing and have a satisfactory report prior to promotion. The results of such test

shall be made available to the Police Chief and the Oneida PolicePublic Safety and Security

Commission Presidentchairperson.

301.8-4.

Promotion. Upon completion of all steps in the promotion process, a law enforcement

officer may be promoted upon review and recommendation of Oneida PolicePublic Safety and

Security Commission to the Police Chief.

301.9.

Disciplinary Proceedings: for Law Enforcement Officers.

301.9-1. Purpose.

(a) Disciplinary actions may be commenced against a law enforcement officer by the

Police Chief for violations of departmental Standard Operating Procedures or laws of the

Oneida Tribe or other government. Such actions are independent of and exempt from the

Oneida Blue Book. Discipline may range from a verbal warning to termination.

(b) In serious matters, an internal investigation is conducted by the Oneida Police

Department and the law enforcement officer under investigation may be placed on

administrative leave pursuant to 301.10.

has the right to appeal a disciplinary action to the Oneida Police Commission.

(d) Disciplinary actions may be ordered by the Police Chief. The officer may appeal a

disciplinary action to the Oneida Police Commission. Upon filing of an appeal, the Police

Chief shall submit formal charges against the officer to the Oneida Police Commission.

(e) Any citizen may file charges or a complaint against an officer with the Police Chief.

The Oneida Police Commission can proceed with a hearing after an investigation by the

Police Chief.

(f) If a citizen wishes to file a complaint with the Oneida Police Commission, the Oneida

Police Commission will refer the complaint to the Police Chief to begin an investigation.

Upon completion of the investigation the Police Chief shall submit his written report to the

Commission.

301.9-2. Commencement of Disciplinary Hearings. A request for an appeal of a decision of the

Police Chief must be submitted in writing to the Oneida Police Commission within 30 calendar

days.

(a) If the request is by a law enforcement officer or a citizen against a law enforcement

officer, the President must without delay, notify the Police Chief that a hearing has been

requested.

(b) The Oneida Police Commission must meet within ten calendar days and set a hearing

date.

301.9-3. Rights and Responsibilities of the Oneida Police Commission at Hearings.

3 O.C. 301- Page 10

31 of 249

Draft 1 (Redline to Current)

2024 09 04

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

(a) The Oneida Policeof Law Enforcement Officers. The Oneida Public Safety and

Security Commission shall have legal counsel and a court reporter present at all formal

proceedings.

(b) The Oneida Police Commission has the authority to subpoena witnesses.

to the hearing.

(d) Disciplinary hearings shall be open, except where:

(1)

the person subject to discipline requests in writing that the hearing be closed; ora law

enforcement officer, in the form of suspension, demotion, or termination, for just cause.

(2) the Police Chief requests in writing that the hearing be closed and indicates that

confidential police matters are involved.

(e) Commissioners shall not discuss the disciplinary matter with anyone outside the

Commission until the hearing is completed and a decision is filed.

301.9-4. Rights of the Accused Law Enforcement Officer at Hearings.

(a) Notice of charges that have been made, or will be made, as well as actions that will or

may be taken against the individual.

(b) The right to a hearing to respond to the charges.

(d) The right to confront and cross-examine his/her accusers.

(e) The right to present evidence and argue his/her view of the facts.

301.9-5. Pre-Hearing Conference.

(a) A pre-hearing conference shall be scheduled at least five (5) working days before the

hearing. The law enforcement officer and the complainant shall be notified in writing of

the pre-hearing conference and both may be represented.

(b) The following matters shall be accomplished at the conference.

(1) Witness lists and any prior written or recorded statements or reports of

witnesses will be exchanged between the parties or their representatives.

(2) Exhibit lists will also be exchanged between the parties or their representatives,

and each party and/or their representative shall be permitted to physically inspect

all exhibits of the other party.

(3) Witnesses or exhibits not on the pre-hearing conference lists may not be

introduced at the hearing unless the Oneida Police Commission determines that the

party or their representative can demonstrate a satisfactory reason for the inclusion

of such witness or exhibit on the list(s) submitted at the pre-hearing conference.

(4) In the absence of the parry or representative at the pre-hearing conference, the

Oneida Police Commission shall dismiss the charges unless the party or

representative can demonstrate a satisfactory reason for non-appearance.

301.9-6. Hearing Procedure.

(a) The nature of a law enforcement agency requires the highest level of public trust, As a

result, hearings will be open to the public to allow the public to be reassured that hearings

are conducted under the highest standards of objectiveness and reason.

(b) The President of the Oneida Police Commission has the duties of:

(1) Presiding over the hearing.

(2) Maintaining order.

(3) Insuring that the hearing is fair and impartial.

3 O.C. 301- Page 11

32 of 249

Draft 1 (Redline to Current)

2024 09 04

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

conducting the hearing.

(d) Order of Business.

(1) The President calls the meeting to order and:

(A) Explains that the Oneida Police Commission is not an investigative

body.

(B) Describes the hearing as a formal inquiry into the facts of the matter in

front of them as an original hearing body.

(2) The President reads the charges, as filed with the Oneida Police Commission,

and cites the rule(s) and/or policy(s) that were alleged to be violated.

(3) Testimony begins with the person(s) who filed the charges.

(A) Witnesses, evidence, documents, and other related reports will be

submitted by the Police Chief or complainant.

(B) Witnesses testify under oath which can be administered by the President

or any other Commissioner.

issues at hand. It is the President's responsibility to insure that the questions

are germane.

(D) The law enforcement officer or representative may challenge the

testimony or evidence presented.

(4) The law enforcement officer or representative is given an opportunity to present

facts, introduce evidence, and call witnesses to prove:

(A) That the law enforcement officer was wrongly charged.

(B) The penalty is not appropriate for the violation.

(5) The complainant may challenge any testimony offered by the accused.

(6) Both sides are allowed to present closing summaries of their position.

(7) The President then adjourns the hearing.

(8) The Oneida Police Commission retires to executive session to deliberate upon

the matter.

301.9-7. 2. Just Cause Standard Applied to Commission Deliberations. The Commissioners

shall base their decisions regarding a disciplinary action upon the "just. Just cause" standard. is

determined using the following standards, to the extent possible:

(a) Whether the law enforcement officer could reasonably be expected to have had

knowledge of the probable consequences of the alleged misconduct.

(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.

made a reasonable effort to discover whether the law enforcement officer did, in fact,

violate a procedure.

(d) Whether the investigation was fair and objective.

(e) Whether the Police Chief discovered substantial evidence that the law enforcement

officer violated the procedure as described in the charges filed against the law enforcement

officer.

(f) Whether the Police Chief is applying the rule or order fairly and without discrimination

against the law enforcement officer.

(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the

alleged violation and to the law enforcement officer’s record of service with the Oneida

Police Department.

3 O.C. 301- Page 12

33 of 249

Draft 1 (Redline to Current)

2024 09 04

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

592

593

594

595

596

597

598

599

600

601

301.9-8. Commission Actions.

(a) The Oneida Police Commission may on appeals, review a disciplinary action taken by

the Police Chief, and:

(1) Approve the action taken by the Police Chief without change.

(2) Dismiss or modify the charge(s) made by the Police Chief.

(3)

Modify301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police

may reprimand or suspend an employee for just cause without prior approval of the Oneida Public

Safety and Security Commission. The Chief of Police shall report this action to the chairperson of

the Oneida Public Safety and Security Commission immediately in writing and explain the

cause(s) of the action. A law enforcement officer shall not be entitled to a hearing on the suspension

unless the subordinate requests that the Police Chief file charges, which then triggers the hearing

process.

(a) For any penalty imposed by the Police Chief.

(4) Void the action taken by reductions in rank or terminations of a law

enforcement officer, the Police Chief.

(b) The Oneida Police shall first file charges with the Oneida Public Safety and Security

Commission.

301.9-4. Discipline of the Chief of Police. The Oneida Public Safety and Security Commission

has the sole authority to suspend or terminate the Chief of Police, for cause, upon its own initiative.

It may suspend the Chief of Police pending the investigation of written charges received.

301.9-5. Right to Request Hearing. If a law enforcement officer against whom a disciplinary action

of suspension, demotion, or termination has been taken requests a hearing on the matter, the Oneida

Public Safety and Security Commission shall proceed with such a hearing. Charges shall then be

filed with the Oneida Public Safety and Security Commission by the party initially taking the

disciplinary action.

301.9-6. Filing of Charges.

(a) Standing to File Charges. Charges may be filed with the Oneida Public Safety and

Security Commission by:

(1) the Chief of Police;

(2) a member of the Oneida Public Safety and Security Commission;

(3) the Oneida Public Safety and Security Commission as a body; or

(4) any aggrieved party.

(b) Content of Charges. The charges shall be in writing and shall be signed by the charging

party. The sources of all information contained in the charges shall be stated in the charges

or in accompanying documents. Information regarding the names and addresses of

witnesses having relevant knowledge relating to the charges may be embodied in a separate

statement accompanying the charges. The charges shall identify the person who is charged

and specify, if possible, the date(s) and place(s) of the alleged offense(s).

Safety and Security Commission. Pending disposition of such charges, the Oneida Public

Safety and Security Commission or Police Chief may suspend the employee.

(d) Service of Charges. Following service upon the Oneida Public Safety and Security

Commission chairperson, a copy of the charge shall be served upon the person charged. A

copy of the charge shall be issued to the person charged within five (5) business days after

charges are sent to the Commission.

301.9-7. Procedure for Responding to Charges.

3 O.C. 301- Page 13

34 of 249

Draft 1 (Redline to Current)

2024 09 04

602

603

604

605

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

(a) Participation of the Commission. If the Oneida Public Safety and Security Commission

as a body files charges, it shall retain special counsel to prosecute such charges on the

Commission's behalf and the Oneida Public Safety and Security Commission shall refrain

from any active involvement in the prosecution of such charges.

If any member of the Oneida Public Safety and Security Commission files and actively

prosecutes such charges, such member shall not participate in deliberating the charges or

determining whether they are sustained.

(b) Docket List. All charges filed with the Oneida Public Safety and Security Commission

shall be recorded on a docket list and assigned a number in sequence of filing with the date

of filing added in parentheses.

Security Commission may have a preliminary investigation conducted to determine if it

has jurisdiction in the matter. If the Oneida Public Safety and Security Commission judges

that it does not have jurisdiction over the charges, it may dismiss the charges. In the event

of such dismissal, the Oneida Public Safety and Security Commission shall notify the

complainant in writing of its action.

(d) Scheduling of Hearing. Following the filing of charges or a request for a hearing, a

copy of the charges shall be served upon the person charged. The Oneida Public Safety and

Security Commission shall set a date for a hearing not less than ten (10) days or more than

thirty (30) days following receipt of the charges. This timeframe may be waived if mutually

agreed.

301.9-8. Scheduling a Conference.

(a) Scheduling Conference. A scheduling conference between the parties and/or their legal

counsel is appropriate to establish the procedural timeline leading up to, and the process

for, the evidentiary hearing.

(b) Purpose of the Scheduling Conference. The following matters shall be accomplished

at the scheduling conference, and the resolution of these issues shall be memorialized in a

scheduling order distributed to the parties:

(1) Establishing the date(s) of the evidentiary hearing;

(2) Setting up deadlines to exchange witness lists and any prior written or recorded

statements or reports of witnesses;

(3) Setting up deadlines to identify and exchange exhibits;

(4) Setting up any discovery deadline. Prehearing discovery is permitted.

(5) Establishing the process and deadlines to request the Oneida Public Safety and

Security Commission to issue subpoenas. The Oneida Public Safety and Security

Commission chairperson has the power to issue subpoenas to compel the attendance

of witnesses;

(6) Arranging for the recording of the testimony. The hearing shall be transcribed

by a court reporter or otherwise recorded to preserve the evidence in case of an

appeal to the Trial Court; and

(7) Determining if there are any objections to any Oneida Public Safety and

Security Commission member participating in the hearing, deliberations, or

decision and the basis for such objections.

301.9-9. Evidentiary Hearing.

(a) Hearing Procedures.

(1) The evidentiary hearing shall be conducted in open session.

3 O.C. 301- Page 14

35 of 249

Draft 1 (Redline to Current)

2024 09 04

648

649

650

651

652

653

654

655

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

675

676

677

678

679

680

681

682

683

684

685

686

687

688

689

690

691

692

693

(2) Following the evidentiary hearing, the deliberations of the Oneida Public Safety

and Security Commission may be conducted in closed session at the discretion of

the Commission.

(3) The Commission’s vote following deliberations may take place in closed

session, unless the charged party demands that the vote take place in open session.

(4) A record of the proceedings shall be created by the Commission. Exhibits

introduced shall be marked with a docket number and exhibit number in sequence

of introduction.

(5) Either or both of the parties may be represented by counsel and may compel

the attendance of the witnesses by subpoenas, which shall be issued by the

chairperson of the Commission.

(6) All testimony of witnesses at hearings shall be given under oath, administered

by a member of the Commission.

(b) Order of Proceedings. At the hearing, the order of proceedings shall be as follows:

(1) Reading of the charges by the president.

(2) Opening statement by the parties, if any;

(3) Testimony and introduction of evidence by the charging party to substantiate

the charges, with cross-examination by the accused;

(4) Testimony and introduction of evidence by the accused with cross-examination

by the charging party; and

(5) Closing arguments.

301.9-10. Deliberations, Findings, Conclusions, Orders from Hearing.

(a) Finding of Fact.

(1) At the conclusion of the hearing, the Oneida Public Safety and Security

Commission shall prepare written findings of fact based upon the testimony and

evidence presented and shall prepare conclusions which are based on the findings

and an order consistent with such findings and conclusions within three (3) days

after the conclusion of the hearing and file it with the Oneida Public Safety and

Security Commission Secretary.

(2) For purposes of deliberation after the hearing, the Oneida Public Safety and

Security Commission shall adjourn into closed session. During the deliberation

only Oneida Public Safety and Security Commission members and the

commission’s attorney shall be present.

(b) Just Cause Standard. In determining whether there is just cause for discipline, the

Oneida Public Safety and Security Commission shall apply the standards set forth in

section 301.9-2.

that the charges are not sustained, the charged party shall immediately have all related

disciplinary action taken to date rescinded and all lost pay or other benefits, if any, restored.

(d) Charges Sustained. If the Oneida Public Safety and Security Commission determines

that the charges are sustained, the charged party, by order of the Commission, may impose

any of the following penalties, but is not limited to the penalties listed herein.:

(1)

Verbal consultation;

(2)

Written reprimand.;

(3)

Suspension without pay.;

(4)

Demotion in rank.; or

3 O.C. 301- Page 15

36 of 249

Draft 1 (Redline to Current)

2024 09 04

694

695

696

697

698

699

700

701

702

703

704

705

706

707

708

709

710

711

712

713

714

715

716

717

718

719

720

721

722

723

724

725

726

727

728

729

730

731

732

733

734

735

736

737

738

739

(5)

Termination of employment.

writingPublic Safety and include:

(1) A statement of all charges filed.

(2) The specific rule(s), policy(s), or standard(s) of conduct violated.

(3) A list of charges that the Oneida PoliceSecurity Commission found were provenshall

announce its decision in open session.

(4) A summary of the disciplinary actions considered(f) Appeal of Decision. Any

law enforcement officer suspended, demoted, reassigned, or removed by the

Oneida Police Commission.

(5) The disciplinary action ordered by the Oneida Police Commission Public Safety

and any special actions attached to the approved disciplinary action.

(d) In acting on a complaint including a request for termination of employment, filed with

the Oneida Police Commission, the Oneida PoliceSecurity Commission may:

(1) Dismiss appeal from the complaint.

(2) Dismiss or modify certain charges filed.

(3) Conclude thatorder of the testimonyOneida Public Safety and evidence sustain

the charges and impose a penalty.

(4) Allow the Oneida Police Commission the power to hire an outside agency to

conduct the investigation of allegations against the Police Chief.

301.9-9.

Appeals of Commission Findings. Appeals of Oneida Police Commission's

ruling shall be made Security Commission to the Judiciary.

301.10.

Administrative Leave: of Law Enforcement Officers.

301.10-1. General. Administrative leave is an action commenced by the Police Chief affecting

the status of a law enforcement officer. A law enforcement officer is temporarily relieved of all

law enforcement powers while on administrative leave. The law enforcement officer continues to

receive salary and is responsible to report to the Police Chief or perform other duties as assigned.

Administrative leave does not denote wrong-doing on the part of the law enforcement officer.

301.10-2. Applicability. Administrative leave may only be ordered in the following

circumstances:

(a) The law enforcement officer poses a threat to themselves or others.

(b) The law enforcement officer is alleged to have committed a violation(s) which calls

for termination of his or hertheir employment as a law enforcement officer and the matter

is under investigation.

investigation and that would cause a loss of public trust in the Oneida Police Department.

(d) The law enforcement officer is under investigation for alcohol or drug abuse.

(e) The law enforcement officer is under investigation for insubordination, untruthfulness,

or commission of a crime.

(f) The law enforcement officer demonstrates behavior indicating the law enforcement

officer is unfit for duty.

301.10-3. Duration of Administrative Leave.

(a) In cases where the law enforcement officer is under formal investigation, the law

enforcement officer willshall remain on administrative leave until the investigation is

completed.

3 O.C. 301- Page 16

37 of 249

Draft 1 (Redline to Current)

2024 09 04

740

741

742

743

744

745

746

747

748

749

750

751

752

753

754

755

756

757

758

759

760

761

762

763

764

765

766

767

768

769

(1) If the investigation results in allegations being sustained, the law enforcement

officer willshall remain on administrative leave pending issuance of discipline.

(2) If the investigation results in a finding that the charges were unfounded or not

sustained, the law enforcement officer shall be immediately returned to active duty

status.

(b) In cases where the law enforcement officer is placed on administrative leave for other

matters not involving formal investigation, the law enforcement officer shall be returned

to active duty status upon order of the Police Chief. The period of administrative leave in

incidents not involving investigation shall not exceed thirty working(30) calendar days.

301.11.

Firearms Control.

301.11-1. The Oneida Tribe301.11-1. The Oneida Police Department may allow law

enforcement use of service firearms in order to protect life, liberty, property, land, and premises,

according to the usual and current accepted law enforcement standards.

301.11-2. The Nation hereby establishes regulations for the carrying of firearms issued to certified

law enforcement officers employed by the Oneida TribeNation.

(a) The needs and requirements for carrying firearms shall be established and determined

by the Police Chief subject to the review of the Oneida PolicePublic Safety and Security

Commission.

(b) Said requirements shall reflect the needs of the Oneida TribeNation in order to protect

all persons and property.

End.

Adopted - BC -10-10-01-C

Revisor Correction 2004

Amended – BC-02-25-15-C

Amended – BC-__-__-__-__

3 O.C. 301- Page 17

38 of 249

Draft 1

2024 09 04

Title 3. Health and Public Safety – Chapter 301

Shakotiye=n@s Olihw@ke

The Matters of Those Who Protect Us

LAW ENFORCEMENT

301.1-1 Purpose and Policy

301.2-1 Adoption, Amendment, Repeal

301.3-1 Definitions

301.4-1 General Principles

301.5-1 Oneida Police Department

301.6-1 Oneida Public Safety and Security Commission

301.7-1

301.8-1

301.9-1

301.10-1

301.11-1

Appointment of Law Enforcement Officers

Promotion of Law Enforcement Officers

Disciplinary Proceedings

Administrative Leave

Firearms Control

301.1.

Purpose and Policy

301.1-1. Purpose. The purpose of this law is to regulate the conduct of the Nation’s law

enforcement personnel according to the highest professional standards.

301.1-2. Policy. It is the policy of the Nation to ensure that the law enforcement personnel

operates at the highest level of professional standards to ensure the safety and welfare of the

community.

301.2.

Adoption, Amendment, Repeal

301.2-1. This law was adopted by the Oneida Business Committee by resolution BC-10-10-01-C

and amended by resolution BC-02-25-15-C and BC-__-__-__-__.

301.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

301.2-3. Should a provision of this law or the application there of to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

301.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law shall control.

301.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

301.3.

Definitions

301.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Certified law enforcement officer” means a sworn officer who meets all qualifications

for law enforcement officer, including accepted professional training and experience, State

of Wisconsin Certification or eligibility for Certification which includes but is not limited

to, satisfactory background investigation, psychological evaluation, drug testing, and

police firearms certification.

(b) “Commissioner” shall mean a member of the Oneida Public Safety and Security

Commission.

a high probability of death or great bodily harm.

(d) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B, and then later

authorized to administer the judicial authorities and responsibilities of the Nation by

Oneida General Tribal Council resolution GTC-03-19-17.

3 O.C. 301- Page 1

39 of 249

Draft 1

2024 09 04

(e) “Nation” means the Oneida Nation.

(f) “Non-sworn personnel” means an individual employed with the Oneida Police

Department that does not meet the qualifications for a certified law enforcement officer.

(g) “Oneida Public Safety and Security Commission” means the entity made up of those

individuals appointed by the Oneida Business Committee to provide oversight regarding

the activities and actions of public safety and security operations throughout the

Reservation.

(h) “Police supervisor” means a law enforcement officer who holds the rank of Sergeant

or above.

(i) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

301.4.

General Principles

301.4-1. All law enforcement operations of the Nation shall be conducted in accordance with this

law.

301.4-2. Law enforcement operations shall take place on and within the Reservation, unless:

(a) there is a potential that the safety and welfare of an individual is being compromised;

(b) the law enforcement operations occur pursuant to mutual aid agreements with local

governments; or

301.4-3. Law enforcement operations shall be used primarily for the purposes of providing law

enforcement within the Nation and to provide mutual assistance or aid to external law enforcement

services offered by local governments within the Oneida community by powers set forth in section

301.4 of this law, Article IV section 1(f) of the Constitution and By-Laws of the Oneida Nation,

and as set forth in compacts and agreements authorized by the Oneida Business Committee or

General Tribal Council.

301.4-4. The Nation shall appoint and employ law enforcement personnel within its boundaries

as it deems necessary for the purpose of detecting and preventing crime and enforcing the laws of

the Nation, in addition to protection of persons, property, and premises.

301.4-5. The Oneida Police Department may, as authorized and delegated by this law and the

Oneida Business Committee or General Tribal Council, enter into cross-deputization and other law

enforcement agreements with other jurisdictions.

301.5.

Oneida Police Department

301.5-1. There is hereby established an Oneida Police Department which is delegated all law

enforcement authority of the Nation. The Oneida Police Department may create divisions of

operation as may be deemed appropriate.

(a) Oneida Police Department Position Restrictions. All positions and appointments of

the Oneida Police Department shall be subject to Indian preference in hiring, except that

the following positions shall be held only by members of the Nation:

(1) Police Chief;

(2) Assistant Chief; and

(3) Police Lieutenant.

301.5-2. Oneida Police Chief. The Oneida Police Department shall be headed by a Police Chief,

appointed pursuant to this law.

3 O.C. 301- Page 2

40 of 249

Draft 1

2024 09 04

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

(a) The Police Chief shall have authority over departmental personnel and operations,

subject to the authority of the Oneida Public Safety and Security Commission.

(b) Qualifications and Process for Appointment as Police Chief.

(1) The recruitment and hiring process for Police Chief shall be conducted by the

Oneida Public Safety and Security Commission, with assistance, as needed, by the

Human Resources Department.

(2) No person shall be accepted as a candidate or be eligible to serve as Police

Chief who does not meet the following qualifications:

(A) Current certification in the State of Wisconsin as a law enforcement

officer or upon approval from the applicable State of Wisconsin Standards

Board;

(B) Member of the Nation;

enforcement officer for a state. tribal, local, or federal government, with

preference for:

(i) those who have at least an associate degree in police science,

criminal justice or similar field, or a bachelor’s degree in a related

subject; and

(ii) those with successful supervisory experience;

(D) Current satisfactory background investigation completed by a law

enforcement agency selected by the Oneida Public Safety and Security

Commission with results of the investigation reported directly to the Oneida

Public Safety and Security Commission;

(E) Current satisfactory psychological examination report;

(F) Current satisfactory medical examination report;

(G) Current drug test with negative results for controlled substances; and

(H) Any other minimum requirement as provided for in the job description.

(3) Examinations, interviews, further selection criteria and other processes utilized

in the hiring process of a Police Chief shall be at the discretion of the Oneida Public

Safety and Security Commission,

(4) Upon accepting notification of retirement, resignation, or the removal of a

current Police Chief, the Oneida Public Safety and Security Commission shall

appoint an interim or acting Police Chief who shall serve in said capacity until the

process for appointment of a new Police Chief can be completed.

301.5-3. Law Enforcement Officers.

(a) Educational Requirements. All persons shall meet the following minimum education

requirements within five (5) years of their hire date:

(1) Possess a two (2) year associate degree from an accredited vocational,

technical, or adult education district; or

(2) Possess documentation in the form of an official transcript showing a minimum

of sixty (60) fully accredited college level credits; or

(3) Possess a bachelors degree from accredited college or university.

(b) Conditional Employment. Any person who is not a certified law enforcement officer

at the time of hire, is considered a conditional employee and shall attain the educational

requirements as specified in section 301.5-3(a), within five (5) years of their date of hire.

(1) Conditional employees are not eligible for promotion.

3 O.C. 301- Page 3

41 of 249

Draft 1

2024 09 04

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

(2) Law enforcement officers who fail to attain the educational requirements within

five (5) years of their date of hire shall be subject to immediate termination.

enforcement officer may be considered eligible for promotion to supervisor until the

educational requirements of section 301.5-3(a) have been satisfied. Law enforcement

officers promoted prior to the enactment of this law are exempt from the educational

requirements specified in section 301.5-3(a).

301.5-4. Liability Coverage. To the extent the Federal Tort Claims Act coverage does not apply,

the Nation shall provide professional liability insurance for all law enforcement officers.

301.5-5. Declaration of Additional Restrictions of Employees. All personnel of the Oneida

Police Department shall be bound by standard operating procedures that are required as a result of

the specific and unique needs of law enforcement.

301.5-6. Law Enforcement Officers to Be Sworn. All law enforcement officers shall be installed

by sworn oath before the Oneida Business Committee during a regular or special Oneida Business

Committee meeting, or at an alternative time and location as determined by the Oneida Business

Committee Secretary.

(a) When taking an oath, the law enforcement officer shall appear in person to take their

oath, except if granted permission by the Oneida Business Committee Secretary to appear

through video conferencing, or through other telecommunications.

(b) If an oath is administered outside of an Oneida Business Committee meeting, a quorum

of Oneida Business Committee members shall be present to witness the oath.

301.6. Oneida Public Safety and Security Commission

301.6-1. Establishment. There is hereby established an Oneida Public Safety and Security

Commission to provide oversight regarding the activities and actions of public safety and security

operations throughout the Reservation to provide the greatest possible professional services to the

Nation and to allow for community input regarding those public safety and security services

through its representatives on the Oneida Public Safety and Security Commission. The Oneida

Public Safety and Security Commission is an oversight body of the following departments of the

Nation, but its oversight authority does not involve decision making processes on day-to-day

activities of those public safety services:

(a) Oneida Police Department;

(b) Internal Security Department; and

Oneida Public Safety and Security Commission.

301.6-2. Appointment of Commissioners. The Oneida Business Committee shall appoint five

(5) members to the Oneida Public Safety and Security Commission for a term of five (5) years.

Commissioners may serve more than one (1) term, but not more than three (3) consecutive terms.

301.6-3. Commissioner Eligibility Qualifications. In order to be eligible for membership on the

Oneida Public Safety and Security Commission an individual shall:

(a) Be a member of the Nation;

(b) Be twenty-five (25) years of age or older;

(1) A felony conviction in the State of Wisconsin, or any conviction of a crime in

another state that would be considered a felony conviction if the offense and

adjudication occurred in the State of Wisconsin;

3 O.C. 301- Page 4

42 of 249

Draft 1

2024 09 04

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

(2) A felony arrest which results in a misdemeanor conviction due to a plea

arrangement;

(3) A conviction of any law violation that could bring discredit to the Oneida Public

Safety and Security Commission; or

(4) Any pardon issued by the Nation or the governor of any State, for an offense

specified in sections 301.6-4(c)(1)-(3), shall not deem a person as “exonerated” for

the purposes of membership on the Oneida Public Safety and Security Commission;

(d) Not be employed with or terminated from the Oneida Police Department, Internal

Security Department, or any other public safety operation overseen by the Oneida Public

Safety and Security Commission;

301.6-4. Responsibilities in Regard to the Oneida Police Department. The Oneida Public Safety

and Security Commission shall be responsible for and empowered to do the following in regard to

the Oneida Police Department:

(a) Appoint, suspend, or remove the Police Chief of the Oneida Police Department.

(b) Approve all law enforcement officer appointments made by the Police Chief including

the promotion of subordinates.

law enforcement officer or promotion.

(d) Hear charges filed against law enforcement officers or other appointed personnel of the

Police Department, whether filed by the Oneida Public Safety and Security Commission

or the Police Chief, make findings and determinations, and impose penalties, up to and

including termination.

(e) Hear appeals of disciplinary actions against any law enforcement personnel.

(1) The Oneida Public Safety and Security Commission shall not have authority

over disciplinary actions of non-sworn personnel.

(f) Adopt standard operating procedures governing the Oneida Public Safety and Security

Commission’s management of its own activities.

301.6-5. Responsibilities in Regard to the Internal Security and Other Departments. The

responsibilities of the Oneida Public Safety and Security Commission in regard to the Internal

Security Department or any other safety operation department of the Nation shall be provided for

in the Oneida Public Safety and Security Commission bylaws.

301.6-6. Removal From Office. A member of the Oneida Public Safety and Security Commission

may have their appointment terminated by the Oneida Business Committee for:

(a) Misconduct in office;

(b) Conduct which could jeopardize the reputation of the Nation, the Oneida Public Safety

and Security Commission, or the public safety system;

qualifications specified in section 301.6-3(c) above; or

(d) Violation of the confidentially of closed hearings or any other information declared

confidential by the Oneida Public Safety and Security Commission.

301.7. Appointment of Law Enforcement Officers

301.7-1. Job Task Analysis. The Police Chief shall develop a job task analysis (job description)

for law enforcement officers and submit the job task analysis to the Oneida Public Safety and

Security Commission for approval.

301.7-2. Hiring Criteria. Hiring criteria for law enforcement officers, shall be developed by the

3 O.C. 301- Page 5

43 of 249

Draft 1

2024 09 04

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

Oneida Public Safety and Security Commission and implemented by the Police Chief. The hiring

criteria shall include, but not be limited to, the following:

(a) educational requirements;

(b) satisfactory background investigation;

(d) medical certification.

301.7-3. Hiring Process Outline. A hiring process outline shall be developed by the Oneida Public

Safety and Security Commission and implemented by the Police Chief. The hiring process outline

shall detail specific steps involved in the hiring process for law enforcement officers, and steps in

the process involving scoring, rank scoring, or grading shall be specified, as well as passing grades

or scores. The hiring process outline shall include all pertinent steps involved in the hiring process

including, but not limited to, the following:

(a) application process;

(b) application screening;

(d) oral interviews;

(e) physical agility testing;

(f) background investigation;

(g) conditional offer of employment; and

(h) psychological and medical testing.

301.7-4. Approval of Additional Law Enforcement Personnel.

(a) The Police Chief shall make a request for the hiring of additional law enforcement

personnel through the Human Resources Department processes.

(b) Upon receiving approval, the Police Chief shall make a formal request to the Human

Resources Department for posting the position(s) available. The current job task analysis,

hiring criteria. and hiring process outline shall be submitted to the Human Resources

Department by the Police Chief.

301.7-5. Process. All phases of the hiring process shall be conducted in accordance with the

hiring process outline. Duties and responsibilities of persons involved in the process shall be

specified in the outline.

301.7-6. Eligibility List.

(a) Upon completion of all screening steps of the hiring process outline, a list shall be

compiled of all candidates based on cumulative scores earned by each applicant in all

graded or scored steps of the current hiring process.

(b) Candidates shall be ranked in inverse numerical order, that is the candidate with the

highest cumulative score is ranked “1”, the candidate with the second highest cumulative

score is ranked “2”, etc.

Commission and submitted to the Police Chief.

(d) The eligibility list will be valid for one (1) year from the date it was compiled.

(e) The order of appointment of applicants to the position of law enforcement officers

shall follow the order of the eligibility list contingent upon satisfactory background

investigation, psychological testing, and medical testing.

301.7-7. Commencement of Background Investigation.

(a) Upon receiving the approved eligibility list, the Police Chief shall direct a subordinate

to commence a background investigation upon candidates based on their numerical ranking

3 O.C. 301- Page 6

44 of 249

Draft 1

2024 09 04

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

on the eligibility list, starting with the top candidate.

(b) Results of the background investigation shall be forwarded to the Police Chief and the

Oneida Public Safety and Security Commission.

report by either the Police Chief or the Oneida Public Safety and Security Commission.

Such determinations by the Police Chief of the Oneida Public Safety and Security

Commission shall be made in writing.

301.7-8. Conditional Offer of Employment. Provided a candidate has satisfactory results in a

background investigation, an offer of employment shall be sent to the candidate. The offer shall

specify the candidate’s appointment to the position of law enforcement officer contingent upon

satisfactory psychological and medical testing.

301.7-9. Appointment. Provided a candidate has passed psychological and medical testing, a

formal offer of employment shall be extended to the candidate by the Police Chief. In the event

the candidate lacks the minimum educational requirements as specified in Section 301.5-3(a), the

contingency of employment shall be specified in the offer.

301.8. Promotion of Law Enforcement Officers

301.8-1. Criteria for Promotion. The Oneida Public Safety and Security Commission and the

Police Chief shall establish specific criteria for the promotion of law enforcement officers. The

criteria shall be placed on the notice or position posting for the promotion.

301.8-2. Process. The process for promotion shall be developed by the Police Chief and approved

by the Oneida Public Safety and Security Commission. The specifics of the process shall be placed

on the notice or position posting for said promotion.

301.8-3. Psychological Testing Required. All candidates for promotion shall undergo

psychological testing and have a satisfactory report prior to promotion. The results of such test

shall be made available to the Police Chief and the Oneida Public Safety and Security Commission

chairperson.

301.8-4. Promotion. Upon completion of all steps in the promotion process, a law enforcement

officer may be promoted upon review and recommendation of Oneida Public Safety and Security

Commission to the Police Chief.

301.9 Disciplinary Proceedings for Law Enforcement Officers

301.9-1. Discipline of Law Enforcement Officers. The Oneida Public Safety and Security

Commission shall have authority discipline a law enforcement officer, in the form of suspension,

demotion, or termination, for just cause.

301.9-2. Just Cause Standard. Just cause is determined using the following standards, to the

extent possible:

(a) Whether the law enforcement officer could reasonably be expected to have had

knowledge of the probable consequences of the alleged misconduct.

(b) Whether the procedure the law enforcement officer allegedly violated is reasonable.

made a reasonable effort to discover whether the law enforcement officer did, in fact,

violate a procedure.

(d) Whether the investigation was fair and objective.

(e) Whether the Police Chief discovered substantial evidence that the law enforcement

officer violated the procedure as described in the charges filed against the law enforcement

3 O.C. 301- Page 7

45 of 249

Draft 1

2024 09 04

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

officer.

(f) Whether the Police Chief is applying the rule or order fairly and without discrimination

against the law enforcement officer.

(g) Whether the proposed discipline is reasonable as it relates to the seriousness of the

alleged violation and to the law enforcement officer’s record of service with the Oneida

Police Department.

301.9-3. Discipline of Employees by the Chief of Police. The Chief of Police may reprimand or

suspend an employee for just cause without prior approval of the Oneida Public Safety and

Security Commission. The Chief of Police shall report this action to the chairperson of the Oneida

Public Safety and Security Commission immediately in writing and explain the cause(s) of the

action. A law enforcement officer shall not be entitled to a hearing on the suspension unless the

subordinate requests that the Police Chief file charges, which then triggers the hearing process.

(a) For any reductions in rank or terminations of a law enforcement officer, the Police

Chief shall first file charges with the Oneida Public Safety and Security Commission.